Marriage Green Card Guide - Requirements & Process in 2024

Are you looking to get a green card through marriage in 2024? This comprehensive guide covers everything you need to know about the marriage green card process, requirements, and tips from experienced immigration attorneys.

What Is a Marriage Green Card?
A marriage green card allows the spouse of a U.S. citizen or permanent resident to live in the United States and apply for permanent residence. Through this marriage-based green card process, the beneficiary is granted lawful permanent resident status (a green card), which is the official term for permanent residence in the U.S. Permanent residency or a green card allows your wife or husband to join you in the United States and live and work in the United States. It is the fastest way that a person can get a green card via their family.

Marriage Green Card Eligibility Requirements in 2024
Requirements for a Marriage Green Card
Receiving permanent residence based on marriage involves thorough checks, including proving your relationship is real, document verification, background checks, and a green card interview at the embassy or consulate abroad or at the local USCIS office. If the marriage is less than two years old, the beneficiary receives a conditional green card, which later requires further validation to become a permanent residence.

Requirements for the Petitioner (U.S. Citizen or Green Card Holder Spouse Requirements)
To apply for a marriage green card for your spouse as a U.S. citizen or a green card holder, the petitioner (citizen spouse or legal permanent resident spouse) must demonstrate the ability to support their spouse financially. This requirement ensures that the spouse seeking a green card will not need government public assistance and that the marriage is legitimate and not just a means to obtain a green card. The government has a chart that they use based on your household size to ensure that you have sufficient income to support you and your future spouse.

Requirements for the Beneficiary (Applicant Requirements)
The spouse seeking a green card must provide evidence of a bona fide marriage, meaning that the marriage is real. This involves submitting a valid marriage certificate and proof of your relationship, such as evidence of communication, pictures together, and statements from your family members who know about your relationship. Also, if your spouse who is applying for a green card (the green card beneficiary) is applying in the United States, it is important to show joint financial statements and show that you are combining your lives and committing to one another both on paper and in real life, such as comingling your finances.  

How Do You Apply for a Marriage Green Card? Step-by-Step Marriage Green Card Process
The process to apply for a green card through marriage depends on where the beneficiary resides. For couples within the United States, the Adjustment of Status process allows them to apply for permanent residence without leaving the country if they qualify based on their underlying immigration history and status. If your spouse that you are sponsoring for a marriage green card is outside the United States, consular processing is required, where the applicant applies for a visa through a U.S. embassy or consulate in their home country.

How to Apply for a Marriage Green Card if Your Spouse Lives in the United States?
If your spouse is residing in the United States and you're a U.S. citizen, your partner may be eligible to apply for a green card through the Adjustment of Status process. This process is called the “one-step application process” because it allows your spouse to obtain permanent residence without needing to return to their home country, and your spouse will have the right to work and travel while the application is pending as soon as they receive their work permit and advance parole document. To qualify for the adjustment of status process, your spouse must be admissible, meaning they should not have other lingering immigration issues such as misrepresentation from previous applications, immigration status issues, etc. If you are unsure whether your spouse will qualify for adjustment of status, it is best to speak with an immigration attorney to fully assess your spouse’s immigration history and eligibility for adjustment of status.
 
If you are a green card holder who is sponsoring your spouse, you are not always eligible for a one-step application because it depends on the USCIS processing times and whether they are currently allowing for green-card-holder (or Legal Permanent Resident) spouses to file the sponsorship and adjustment of status application together. If you are a green card holder looking to sponsor your spouse, it is best to speak with an immigration attorney to check the current options and strategies based on trends and announcements from USCIS.
 
Here is an overview of the eligibility requirements for adjustment of status and the process of the one-step application.

1. To Be Eligible for Adjustment of Status: 

• Your spouse must have legally entered the United States with a visa or under the Visa Waiver Program.
• You must have a valid marriage recognized by the state or territory where it took place.
• Your status as a U.S. citizen must be verifiable through documentation such as a birth certificate, naturalization certificate, or valid U.S. passport.
• Your spouse must not have any disqualifying criminal issues or immigration violations that would render them inadmissible.

2. The One-Step Application Process: ​

• Form I-130, Petition for Alien Relative: I-130 form is the initial step to sponsor your spouse for a green card. This establishes the marital relationship between you and your spouse. You need to file this application and provide a copy of the sponsor’s green card or citizenship evidence, a marriage certificate, and other supporting documents, such as proof of your real marriage relationship. 
• Form I-485, Application to Register Permanent Residence or Adjust Status: If your spouse (the beneficiary) resides in the U.S., they must file Form I-485 as a way to get a green card, the application to register permanent residence or adjust status. This includes proof of lawful entry and residence and, often, an application for work authorization and a travel document, which are discussed below. 
• Evidence of a bona fide marriage: photographs together, screenshots of phone logs and text conversations, affidavits from friends and family, and if possible, joint leases, joint bank account statements, etc.
• Form I-864, Affidavit of Support: As the sponsoring spouse, you must prove you have sufficient income or assets to support your spouse at or above the 125% of the U.S. Poverty Guidelines. 
• Form I-693, Report of Medical Examination and Vaccination Record: A sealed medical examination report must be included to show your spouse meets health requirements.
• Form I-765, Application for Employment Authorization: If your spouse wants to apply for work authorization for the United States, he or she should apply for a work permit while the green card application is pending.
• Form I-131, Application for Travel Document: If your spouse needs to travel outside the United States during the application process, they need to use this form to get what is called “advance parole” which is permission to travel abroad while your application is pending. If your spouse travels outside of the United States without an approved advance parole document while the I-485 application is pending, the I-485 application will be canceled because USCIS considers it abandoned if the applicant travels abroad without advance parole authorization.
• Attend the biometrics appointment: Once your submit your one-step application, you will receive a Receipt Notice, which is USCIS official confirmation of receiving your application. Shortly after receiving your Receipt Notice, you will get a notice for a fingerprint appointment which is called the Biometric Appointment.

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3. Attend the Green Card interview and Await Approval ​
During the green card interview, officers will ask you questions to assess the couple's marriage and living arrangement to determine its authenticity and check whether the marriage is valid, as well as their future plans. It's a decisive step in obtaining a permanent green card. You will receive a green card in the mail within 30 to 60 days after the interview. 

Upon approval, your spouse will become a lawful permanent resident, allowing them to live and work in the United States indefinitely. Working with a knowledgeable immigration attorney can greatly streamline this process, ensuring all the paperwork is correctly filed and increasing the chances of a successful application.

GOOD NEWS! If there are no underlying issues in your case, many times the marriage green card interview is waived, and USCIS will approve your application without requiring an interview.  

How to Apply for a Marriage Green Card if Your Spouse Lives Abroad?
When your spouse is not in the United States, and you're looking to establish a permanent residence, the process involves consular processing. This is a method where the spouse applies for a marriage-based visa at a U.S. Embassy or Consulate, which is essential for entering the United States as a permanent resident.

1. Critical Elements of a Complete I-130 Package ​
Even though the spouse resides abroad, the U.S. citizen or permanent resident must first file Form I-130, Petition for Alien Relative. This form serves as the initial step in the green card process and requires careful attention to detail:

• Proof of Citizenship or Permanent Residence: You must provide evidence of your U.S. citizenship or green card holder status.
• Evidence of a Valid Marriage: Submit your marriage certificate and additional documentation such as wedding pictures, communications such as phone logs, chat logs, joint bank statements, property ownership, and photos together.
• Proof of Termination of Previous Marriages: If applicable, include divorce decrees, death certificates, or annulment records for any previous marriages for both you and your spouse.
• Passport-style Photos: Both you and your spouse need to submit passport-style photos taken within the last 30 days. 

2. Critical Elements of an NVC Filing Package 
After the I-130 is approved by USCIS, the National Visa Center (NVC) steps in to manage the rest of the visa application process. Here’s what’s needed:

• Affidavit of Support (Form I-864): This confirms that you have the financial means to support your spouse in the United States. You will need to prove that based on your household size, you have sufficient income to support your spouse in the United States and that your spouse will not become a public charge, meaning your spouse will not become dependent on government benefits. If your income is not sufficient, you should consider having a co-sponsor who would file a separate I-864.
• DS-260, Online Immigrant Visa Application: Your spouse will complete this online form which contains extensive questions about their background and eligibility.
• Civil Documents: These include birth certificates, police clearance certificates, and military records if applicable.
• Medical Examination Results: A sealed envelope containing the results of the medical examination from an embassy-approved physician must be provided.

3. Attend the Green Card Interview and Await Approval
The consular interview is a critical component of obtaining a green card for your spouse:

• Preparation: Couples must prepare for personal and financial questions that verify the legitimacy of their marriage.
• Documentation: Bring all original documents, including the petition, civil documents, and proof of relationship to the interview.
• Interview: An officer will ask questions to determine the validity of the marriage and whether the spouse meets all other eligibility requirements.

Upon approval, the spouse will be issued a visa to enter the United States and become a lawful permanent resident upon arrival. This green card process is intricate, and having the guidance of an experienced immigration attorney can be invaluable in ensuring a successful outcome.

How Long Does It Take To Get a Marriage Green Card?
The timeline for obtaining a marriage green card varies significantly and depends on several factors. These include whether the petitioner is a U.S. citizen or a green card holder, the current workload of the U.S. Citizenship and Immigration Services (USCIS), and specific details of the individual case. For Iranian applicants, additional considerations often extend the wait time because the government performs additional background checks called administrative processing (see more below).

1.    General Timeline

• For Spouses of U.S. Citizens: When the petitioner is a U.S. citizen, the process is generally quicker, with an average timeline ranging from 10 to 14 months to obtain a green card through adjustment of status within the United States. For consular processing, where the spouse lives abroad, the timeline can be similar, though it may vary by country. Consular processing takes an average of 1.5 to 2 years.
• For Spouses of Green Card Holders: Due to visa availability and other factors, the process can take longer, generally between 12 to 36 months.

2.     Additional Considerations for Iranian Applicants
Iranian applicants may face extended processing times due to additional background checks and scrutiny. This can add several months to the overall timeline. The average wait time for Iranian applicants can often extend beyond the general estimates, sometimes up to 24 to 36 months, especially in complex cases where additional administrative processing is required after the consular interview. Consulting with an immigration attorney is crucial for Iranian applicants. An attorney can offer strategies to navigate additional scrutiny and help expedite the process where possible.  

How Much Does It Cost To Get a Marriage Green Card?
Costs can include USCIS filing fees, biometrics, legal representation, and application for travel documents if needed. Application and government services range between $1,500 to $2,000. If you would like an attorney to work on the case, attorney’s fees typically range between $3,000 to $7,000. These financial considerations are an integral part of the green card application process.

Marriage Green Card FAQs

What Questions will I be Asked During the Marriage Interview?
Expect queries regarding the legitimacy of your marriage, daily life, and plans. Consistency in your story and preparation are crucial for green card approval.

Can you still apply for a green card if you have overstayed?
If you have overstayed a visa, it may still be possible to apply for U.S. permanent residence, especially if you’re married to a U.S. citizen. In such cases, the process of getting a green card may involve additional steps, such as applying for a waiver for the overstay before you can adjust to lawful permanent resident status. An immigration attorney can assist with every step of this sensitive process.
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What is a Conditional Green Card?
A conditional green card is issued to individuals who have been married for less than two years. It comes with a two-year validity period, after which the couple must file to remove the conditions and prove that the marriage is legitimate and ongoing. This step is vital to transition from conditional permanent resident status to a permanent green card.

Does filing a relative petition (Form I-130, Petition for Alien Relative) commit me to anything?
Filing Form I-130 for your spouse is a declaration that you are ready to support your spouse financially in the United States. It's a commitment that the U.S. government takes seriously. The sponsor’s green card or citizenship status enables them to make this commitment, which includes submitting an affidavit of support.

Is there a minimum income requirement to sponsor a relative for a green card?
Yes, there is a minimum income requirement to sponsor a relative for a green card, including a spouse. The USCIS may require a copy of the sponsor’s green card or citizenship documents along with proof of income to ensure the sponsor can support the relative to maintain permanent residence. 

Do I need to notify USCIS if I move?
When you’re in the process of getting a green card or already hold one, you must notify USCIS if you move. This requirement helps maintain accurate records and ensures that you receive all correspondence, such as the application for travel document or notice for the green card interview, without delay. You can update you address through your online USCIS account or via this link.

Hire an Immigration Attorney for Your Marriage Green Card Case
​While not required, hiring an experienced immigration lawyer can greatly increase your chances of approval and help avoid delays and denials. They can guide you through the complex process and documentation. Working with a lawyer can be essential when applying for a marriage-based green card, especially if you are married to a green card holder or if you have any complicating factors such as an overstay. An attorney can help you understand the process, including how long it may take to get a green card, the marriage green card application steps, and how to live and work in the United States during the application process.

Conclusion 
The marriage green card application process is comprehensive and can vary greatly depending on whether you are applying for permanent residence based on marriage from within the United States or outside its borders. Also, it matters if you are married to a u.s. citizen or lawful permanent resident. From the moment you decide to marry a U.S. citizen or green card holder, through the journey of conditional permanent residence, to the joy of obtaining a permanent green card, it's clear that the path to live in the United States with your spouse is layered with important legal and procedural steps. Expert legal guidance can ensure you navigate this process successfully, leading to a successful outcome where you and your spouse can start your new life together in the U.S.
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Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.